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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: September 18, 2023 Report Number: PDS-049-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Robert
Reviewed By: Maciver, Deputy CAO/Solicitor Resolution#: PD-060-23
File Number: ZBA2023-0010 and SPA2017-0020 By-law Number: 2023-058
Report Subject: Downing Street & JD Group Sales Pavilion Extension to Lease
Aareement
Recommendations:
1. That Report PDS-049-23, and any related delegations or communication items, be
received;
2. That Council approve the extension of the lease agreement for a sales pavilion on
municipal lands at 1485 Highway 2 in Courtice for a period of two (2) years from the
expiry date, being May 8t" 2025;
3. That the Director of Planning and Infrastructure Services be authorized to execute
the extension of the license agreement with Downing Street & JD Group, the new
owners of the adjacent lands, known as the Uplands site, on terms and conditions
satisfactory to the Deputy CAO/Solicitor;
4. That no further extensions be granted after this two (2) year period;
5. That the By-law attached to Report PDS-049-23, as attachment 2, be approved; and
6. That all interested parties listed in Report PDS-049-23, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-049-23
Report Overview
Page 2
This report provides background information and a status update on the expected
completion date for the Uplands site in Courtice. It also provides support for the extension of
the lease agreement to allow the use of the municipal parking lot for a period of two (2)
years.
1. Background
1.1 On May 8, 2019, land was acquired by the Municipality from High Street Courtice Inc, in
advance of development approvals for the Courtice Uplands development. At that time,
this was seen as a cooperative gesture by the developer to accelerate parkland
dedication to allow the land to be put to immediate use as a parking lot for visitors to
Tooley's Mill Park. The obligations of the developer to convey land for park purposes
would not ordinarily have arisen until the development approval. As of the date of this
report, the registration of the site plan agreement is still pending, and the applicant is
working on fulfilling the conditions of site plan approval.
1.2 On May 6, 2019, a licence agreement was agreed to and signed by the Municipality and
the previous owner of the Uplands site (High Street Courtice Inc.). The mutual
agreement was reached, in return for the early land dedication, to allow a sales pavilion
on the lands on a temporary basis. Further details of this early park dedication were
provided in Report PSD-059-17 and PSD-067-17.
1.3 The licence agreement expired on May 8, 2021, and was extended for another two
years, which expired on May 8th, 2023. At the end of 2022 the property was sold to
Downing Street & JD Group, who have requested a further extension to the license,
which is the purpose of this report. It should also be noted that the existing license
agreement was signed by the previous property owner, therefore it will need to be
assigned to the new owner.
2. Discussion
2.1 There was a Council resolution C-088-22 on April 7, 2022, which stated that any further
extensions to the licence agreement on the subject lands must be approved by Council.
2.2 If granted, this would be the second extension of the license for the sales pavilion. The
sales pavilion has been on this site for over 4 years. If extended for a further two years,
the municipal parking lot would be used for the sales pavilion for a total of 6 years. Given
that there are new property owners that are working on fulfilling the obligations of the site
plan, the request for an extension appears to be a reasonable timeframe in order finalize
the completion of site plan and register the site plan agreement.
Municipality of Clarington
Report PDS-049-23
Page 3
2.3 Sales pavilions are permitted through a Temporary Use By-law and would typically be on
private lands. As per Section 23.4.5 of the Clarington Official Plan, the Municipality will
not permit the extension of any temporary use by-law beyond a period of 10 years. The
sales pavilion would only be used for up to six years, which is less than the 10-year
timeframe.
2.4 The subject lands were rezoned to the R1-99 exception zone to permit a Temporary
Sales Office, subject to the terms and conditions of a municipal lease agreement. By-law
2017-083 also specified an expiry date pursuant to the requirements of Section 39 of the
Planning Act. The expiry date for the sales office use was on December 31, 2019. Given
the firm sunset dates imposed on the sales office in the past, and that the use is on
Municipal lands, Staff recommend that this be the final and last extension granted for the
sales pavilion and no further extensions be granted after this two (2) year period. Also
given that the site plan process is in the final stages and these lands would have been
required to be dedicated at this time, there is no further reason or need to allow further
extensions beyond the next two years.
3. Financial Considerations
Not Applicable.
4. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer and the Deputy
CAO/Solicitor who concur with the recommendations.
5. Conclusion
It is respectfully recommended that the extension of the Licence Agreement occur
expeditiously in order for the sale of the residential units on the adjacent site to proceed
this September and for the sales pavilion to be removed as efficiently as possible, prior
to the expiration date of May 8th, 2025.
Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or
nzambri(a_)clarington.net
Attachments:
Attachment 1 - Request from owner to extend the Licence Agreement
Attachment 2 - Temporary Use By-law Amendment
Attachment 3 — Zoning Schedule
Interested Parties: There are no interested parties to be notified of Council's decision.
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May 23rd, 2023
Robert Maciver
Municipal Solicitor
Municipality of Clarington
40 Temperance Street, Bowmanville ON
L 1 C 3A6
RE: 1475 Highway 2, Clarington
Licence Agreement, Parts 1, 2, 3 40R-30493
Dear Robert Maciver,
The following letter has been prepared on behalf of our clients, JD (Courtice Ph.1) Inc, regarding the
development of their property located at 1475 Highway 2 in the Municipality of Clarington. This property
was purchased from High Street Courtice Inc. in 2022.
There is currently a licence agreement in place with the Municipality over Parts 1, 2, 3, as described by
Plan 40R30493. This licence agreement facilitates the use of these lands for a temporary sales centre.
The terms and conditions of the agreement, as amended, have established an expiration date of May 8m
2023.
An extension to this lease agreement is required as new owners have assumed the project and are in the
midst of completing a rebranding and relaunching process, requiring continued use of the sales centre
building. Ownership is currently completing minor revisions to site design, servicing, and grading plans
which are anticipated to be submitted to the Municipality of Clarington's Planning and Infrastructure
Services Department for review and circulation later this summer (July 2023). These revisions have
accommodated recent changes in market conditions and introduced efficiencies with respect to site
servicing. Ownership currently anticipates relaunching the marketing program and re -opening of the sales
centre in September 2023.
As such, we hereby formally request an extension of the aforementioned lease agreement for a period of
two years, until May 8`h, 2025.
Please advise if there are any questions regarding the formal request as detailed above.
Prepared by,
Tim Collins
President
LANDx Developments Ltd.
Authorised Representative of JD (Courtice Ph.1) Inc.
293-1235 Fairview Street, Burlington, Ontario US 2K9
T. 906-329-0312 F. 905.357.0395 E. info _landxdevelopments.com
www.landxdevelopments.com
Attachment 2 to
PDS2023-049
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The Corporation of the Municipality of Clarington
By-law Number 2023-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2023-OOXX;
Now therefore the Council of the Municipality of Clarington enacts as follows:
Section 12.4 "Special Exceptions — Urban Residential Type One (R1) Zone" is
hereby amended by introducing a new subsection 12.4.99 as follows:
"12.4.99 Urban Residential Exception (R1-99) Zone
Notwithstanding 3.12 c., 12.1, 12.2, and 12.3, those lands zoned "R1-99"
on the Schedules to this By-law shall only be used for a public use and a
Temporary Sales Office, subject to terms and conditions of a municipal
lease agreement and subject to the following zone provisions:
a. Lot Area (minimum) 1500 square metres
b. Lot Frontage (minimum) 50 metres
c. Yard Requirements (minimum)
i) Front Yard Setback 15 metres
ii) Interior Side Yard Setback 2.5 metres
iii) Rear Yard Setback 4 metres
d. Building Height (maximum) 5 metres
e. Floor Area (maximum) 400 square metres
f. Parking Spaces (minimum) 20
g. Loading Spaces nil
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, the temporary sales office use shall cease on May 8, 2025."
2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
Attachment 2 to
PDS2023-049
"Urban Residential Exception (R4-7) Zone" to "Urban Residential Exception (R1-
99) Zone"
"Holding - Urban Residential Exception ((H) R4-7) Zone" to " Urban Residential
Exception (R1- 99) Zone" and,
"Holding — Urban Residential Exception ((H) R4-30) Zone" to "Urban Residential
Exception (R1-99) Zone"
as illustrated on the attached Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 39 of the Planning Act.
Passed in Open Council this day of 2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D.
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Zoning Change From '(H)R4-30' To'R1-99'
- Zoning Change From '(H)R4-7' To 'R1-99'
Zoning Change From 'R4-7' To'R1-99'
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Courtice • ZBA 2023-XXXX • Schedule 4